Theodorson v. Ahlgren

Appellate Court of Illinois

Theodorson v. Ahlgren

37 Ill. App. 140, 1890 Ill. App. LEXIS 137

CourtAppellate Court of Illinois

DecidedJune 30, 1890

StatusPublished

Cited by3 cases

This text of 37 Ill. App. 140 (Theodorson v. Ahlgren) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Theodorson v. Ahlgren, 37 Ill. App. 140, 1890 Ill. App. LEXIS 137 (Ill. Ct. App. 1890).

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Opinion

Gary, P. J.

As the bill of exceptions shows, the appellant sued the appellee for rent. We had determined to reverse the judgment, because, over the exception of the appellant, evidence of a set-off was admitted without any plea or notice of it; but, on referring to the declaration, we find that while all the common counts about goods, money, work, interest and account stated are in it, there is nothing about rent or use and occupation.

The judgment against the appellant can not therefore be reversed, when on the record it appears that the pleadings and evidence had no relation to each other.

Judgment affirmed.

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Gary, P. J.

As the bill of exceptions shows, the appellant sued the appellee for rent. We had determined to reverse the judgment, because, over the exception of the appellant, evidence of a set-off was admitted without any plea or notice of it; but, on referring to the declaration, we find that while all the common counts about goods, money, work, interest and account stated are in it, there is nothing about rent or use and occupation.

The judgment against the appellant can not therefore be reversed, when on the record it appears that the pleadings and evidence had no relation to each other.

Judgment affirmed.

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Bluebook (online)

37 Ill. App. 140, 1890 Ill. App. LEXIS 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/theodorson-v-ahlgren-illappct-1890.

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